Law:

Section:

(a) Sindh Civil Servants Act (XIV of 1973)------S. 9---Sindh Service Tribunal: Act (XV of 1973), S. 4---Promotion--­Withdrawal of order of promotion---Appeal to Service Tribunal--­Appellant had filed appeal challenging order of withdrawal of his promotion by Authority---Post of Assistant Director BS-17 Parks and Recreation Department, District Corporation, was transferred to Advertisement Department with change of nomenclature as Deputy Director, Advertisement BS-17 and in lieu thereof post of Assistant Director Advertisement Department BS-16 was transferred to Park and Recreation Department---On account of said administrative change, appellant was promoted from the post of Assistant Director, Advertisement BS-16 to that of Deputy Director Advertisement BS-17 but subsequently said order of promotion of appellant was cancelled/withdrawn and appellant had filed appeal against said withdrawal---Claim of appellant was that his promotion having attained finality, order of promotion could not be withdrawn---Local Government Department in the present "case had directed District Municipal Corporation to assign charge of the post of Advertisement Officer BS-17 to any other officer .of Department holding, the post of BS-17--Nothing was in the said letter that appellant who was working against the post of BS-16, could be assigned the, post of Advertisement Officer BS-17--­Order of promotion of appellant based upon the false, fabricated and manipulated letter of Government was rightly and legally withdrawn through another order---Rights which had been acquired in an illegal manner could not be termed to be vested rights to attract the rule of locus poenitentiae. (b) Locus poenitentiae, principle of--- ----Applicability---Rule of Locus Poenitentiae would not be applicable in a case in which the basic order was illegal. The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207; Ardeshir Cowasjee v. Karachi Building Control Authority (KBCA), 1999 SCMR 2883; Abdul Haque Indhar v. Province of Sindh, 2000 SCMR 907 and Muhammad Hussain Shaikh and others v. University of Sindh and others 2002 PLC (C.S) 696 ref. Ghulam Mustafa…

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